Q: Hello my brother pass away recently and we had did a last will and testament before passed but my question is he had
a patent invented with Davison Invention in I explain that I have Power Attorney papers in Last will and Testament papers but I was told I have no rights to know what's going on with his product i don't understand companies r interested in his product does my papers mean anything do they have the right to keeps his patent in all the money he put into it and also we had the papers notary
A: The powers of attorney all terminate upon the death of your brother. Any assets owned by your brother would now be owned by his estate. When an estate is opened, the Personal Representative then has the legal authority to act with respect to any assets owned by the estate. If he owned the patent personally, in his name, then the patent would be an asset of the estate. However, if the patent is in the name of another company he had an interest in, or was otherwise subject to a written agreement, then there may be limitations imposed on what the estate can do. There are insufficient details in your question, and it is clear that you do not understand how to proceed or what is important to know. The person named under the will as PR of the estate needs to file the will along with a petition to open the estate and get appointed as PR by the court. The PR should retain a lawyer to assist in this matter. The lawyer for an estate does not get paid up front, but from estate assets with approval of the probate court. Therefore, hiring estate counsel should not cost you up front fees.
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